Court Fixes February 20 For Hearing Of Adegoruwa’s Suit Against Magu Confirmation
The Federal High Court in Lagos will on February 20 commence hearing of the suit filed by Lagos lawyer, Ebun-Olu Adegboruwa, challenging the continued stay in office of the acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu.
The case which was earlier fixed for hearing on Monday by Justice Mojisola Olatoregun could notgo on due to tge absence of the judge.
The court registrar who issued another hearing date to the parties, said the judge is attending workshop outside the state.
Adegboruwa, had dragged Magu before the court, praying it to restrain Magu, from further parading himself as acting chairman of the commission.
Adegboruwa is also asking the court to ordered the Senate not to entertain any further request for the confirmation of Magu as Chairman of the EFCC since he has so far defied and rubbished the earlier decision of the Senate of December 15, 2016, wherein the Senate declined to confirm his nomination as Chairman of EFCC.
The defendants in the suit are the Senate, the Attorney-General of the Federation, the EFCC and Ibrahim Magu.
In a 39 paragraphs affidavit deposed to by Adegboruwa, he traced his history as a student leader, a human rights activist and pro-democracy campaigner, which credentials he stated qualified him to file the suit.
Adegboruwa traced the appointment of Magu back to November 9, 2015, contending that he has been functioning in acting capacity as EFCC Chairman, beyond the six months allowed by law.
It was contended in the suit that since the Senate has rejected Magu as substantive Chairman of EFCC, he could not thereafter be functioning as acting chairman, illegally, citing section 2 (3) of the EFCC Act, which makes confirmation by the Senate, a condition precedent to the appointment of the EFCC chairman.
He contended that since the President activated section 2 (3) of the EFCC Act by forwarding the nomination of Magu to the Senate, he could not defy the decision of the Senate, which rejected Magu for the substantive appointment. Adegboruwa attached the Votes and Proceedings of the Senate for December 15, 2016,whern the Senate stated “The Senate also deliberated on the screening of the nominees for the Economic and Financial Crimes Commission, (EFCC) as it relates to the Security Report on them. Following the Security Report on the Economic and Financial Crimes Commission (EFCC) Chairman, the Senate decided not to confirm the Chairman and communicate the same to Mr President, Commander in Chief of the Armed Forces of the Federation.
Adegboruwa stated that notwithstanding the clear decision of the Senate not to confirm Magu, he has continued to parade himself in office as EFCC Chairman, such as when he met with representatives of the United States Embassy on January 6, 2017, clearly defying the decision of the Senate.
He prayed the court to restrain the Federal Government of Nigeria, the EFCC and all other authorities, from recognizing, treating or in any other manner dealing with Magu as the Chairman of EFCC, either in acting or substantive capacity.
He also sought for a declaration that given his conduct in office so far, his lifestyle and his arrogance to defy the decision of the Senate, Magu is not a fit and proper person to function in office as chairman of EFCC. Consequently, Adegboruwa asked the court to give an order forthwith directing Magu to vacate and relinquish his office as EFCC Chairman, whether in acting or substantive capacity. The lawyer also contends in the suit that all actions taken by the EFCC under the illegal tenure of Magu, especially charges and information filed in court, are illegal, null and void.
